CRTC Invites Canadians To Comment On Wireless Code

On Data Privacy Day (January 28), the Canadian Radio-television and Telecommunications Commission (CRTC) amended its notice regarding a mandatory code for wireless services and invited Canadians to comment on the proposed provisions. A hearing on the wireless code is scheduled for February 11, 2013.

There are a number features of the wireless code that are particularly interesting from a privacy and data security perspective:

The CRTC is suggesting that consumer be “provided with a personalized summary of how key terms and conditions” of a contract would apply to that consumer prior to the consumer entering into the agreement. In addition, the code would also mandate upfront, clear and concise disclosure privacy policies.

The CRTC is also suggesting that the consumers would have recourse to make a complaint to the Commissioner for Complaints for Telecommunications Services (CCTS). It is unclear whether this might include complaints with respect to the privacy disclosures of the wireless services provider and, if so, whether the CCTS could order monetary compensation.

The CRTC would mandate that consumers be offered an online tool to allow the consumer to monitor the balance of included usage allowances and any additional fees during a billing cycle. Consumers would also be entitled to obtain a usage alert at 50% and 100% of billing cycle limits, which would be an amount set by the consumer or $50.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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